Hewitt v. State

— Hewitt was found guilty of the charge of having, on the 6th day of March, 1887, maliciously and mischievously killed a dog which had been duly listed for *246taxation for the year 1886, by a person named in the indictment.

Two objections are urged against the indictment:

1. That it does not show that the dog was listed for taxation at the time he was killed.

2. That the exception contained in the proviso to the statute which defines the offence charged in the indictment is not negatived.

The statute, Elliott’s Supp., section 444, requires that the assessor of each township, between the 1st day of…